UT regents seek AG opinion on legislative info requests (UPDATED)

University of Texas System spokesman Jenny LaCoste-Caputo confirmed that attorneys Francine Frederick, who represents the Board of Regents, and Dan Sharphorn, who represents the UT-System, will appear before the House comittee investigating regent Wallace Hall. But their testimony will be limited to certain issues, as they will claim attorney-client privilege, she said.

“They are scheduled to testify and they will appear. In today’s motion, the board authorized them to answer certain questions that otherwise would fall under attorney-client privilege and also to make certain documents available that are attorney-client work product. On items that the Board of Regents wishes to assert attorney-client privilege, the board is seeking an AG opinion,” she explained. “So, they will be answering questions though there may be some they decline to answer citing attorney-client privilege.

Original post:

After a two-hour executive session Monday, University of Texas regents voted to ask the state Attorney General’s Office if attorney-client confidentiality permits them to keep private some information requested by a legislative committee investigating regent Wallace Hall for possible impeachment.

Specifically, the regents voted to ask the AG’s advice concerning “the obligation of attorneys for the U.T. System to respect the privilege in the current judicial impeachment proceeding.”

But they also voted to waive confidentiality for some records, in response to a recommendation of their own outside counsel. The motion suggested that some information would be turned over to lawmakers, but no further explanation was offered.

Hall abstained from the vote, citing the committee’s investigation into his conduct. He said he would have voted no. Regents Alex Cranberg and Brenda Pejovich also voted to abstain.

The House Select Committee on Transparency in State Agency Operations will continue hearings Tuesday into Hall. Key lawmakers have accused him of abusing his office by conducting a “witch hunt” into UT-Austin president Bill Powers. There has been speculation that the committee would issue subpoenas asking lawyers for the board to testify. If that occurs, the action Monday would likely postpone any testimony until the AG could rule on what matters remain off-limits due to attorney-client privilege.

The regents also voted to approve terms of compensation for Stave Patterson as men’s athletics director. Details of the proposed compensation will be made available after an employment agreement is negotiated and approved by the regents.